LGBTQ Woman from Eastern Europe Starts Asylum Process; Denied Over and Over, EOIR 42-B (Cancellation of Removal) Wins the Day

| Apr 14, 2022 | Firm News, Success Stories

[Please note: The Client’s name and case key details may have been altered to preserve the identity of the client. This Success Story is not intended to be an offer of service or case plan. Every case is unique. The Success Story is presented for information purposes only.]

Seeking to escape repressive policies against LGBTQ people in Eastern Europe and wanting to raise the child she was expecting in a less authoritarian environment, Bogomila journeyed to the United States in 2009 and re-settled in Chicago where several acquaintances lived. A few months later, she gave birth to her young son, Jordan.

Trying to stay with the parameters of immigration law, within a year after her arrival Bogomila booked an appointment with the Margaret W. Wong & Associates, LLC. Wong team to help her acquire asylum. Subsequently, we filed an I-589 on Bogomila’s behalf but warned the young mother that the asylum process would be lengthy although we believed that her case was good.

Subsequently, our team obtained for Bogomila an employment authorization document so that she could support herself and her son during the interim. Just as she had done in her homeland, Bogomila went to work driving a truck for an independent contractor and made just enough money to support Jordan and herself. Along the way, she was extra-careful to be a good driver because she did not want to incur any citations that would jeopardize her chances of being allowed to remain in the United States.

Over the next few years, we accompanied Bogomila to several asylum hearings, one of which resulted in her claim being denied but we appealed, and the case continued.

For sure, during the Trump administration, Bogomila was quite worried about the “public charge” rule because she received marketplace subsidies under the Affordable Care Act which was necessary because Jordan was diagnosed with leukemia and needed a lot of medical care. Our team researched the matter, though, and determined that if Bogomila was paying her insurance premiums it would be all right but if she and Jordan went on Medicaid, it would be a different matter.

We also cautioned Bogomila against sending her mother, still living in Eastern Europe, a letter inviting her to come for a visit because such correspondence could weigh against her in the final decision regarding asylum because it might show ties to the home country.

At last, however, Bogomila’s last appeal was denied and a Notice to Appear was issued. Nevertheless, the Margaret W. Wong & Associates, LLC. Wong team was able to counter all moves to deport Bogomila by filing an EOIR 42-B  (Cancellation of Removal) for which Bogomila was eligible because she was present in the United States for the prescribed amount of time, she was most law-abiding, and her removal would have endangered a “qualifying relative” – her son Jordan, a U.S. citizen, who suffered from leukemia and needed his mom’s care along with prescribed medical treatments which might not be available in the area of Eastern Europe where Bogomila had lived.

By the beginning of 2021, Bogomila was a legal permanent resident of the United States. Among those who filed an affidavit on Bogomila’s behalf was her employer who always wondered why she went out of her way to be such a careful driver; in fact, in the number of years she worked for him she had almost accrued less tickets than almost any vehicle operator he had known.